26. Jewish Community Council of Victoria (also in attendance: Melbourne Chevra Kadisha and Bet-Olam Jewish Funerals)

27. Royal Children’s Hospital Paediatric Palliative Care Program

28. Marie Brittan

29. Dispute Settlement Centre of Victoria

30. Magistrates’ Court of Victoria

31. Anne Sutherland Kelly, Monash University

Appendix C: Funeral and burial instructions online survey

Question 1

Have you planned your funeral and burial?

No

Yes (Skip to Question 3)

Question 2

Do you intend to plan your funeral and burial?

No (Skip to Question 5)

Yes

Question 3

Why was it, or why is it, important to you to plan your funeral and burial? (select all that apply)

I want my funeral and burial to reflect my identity and values

I want my religious and/or cultural practices respected and observed

I want to prevent disagreement among my family and friends

I want to avoid placing a financial burden on my family and friends

Other (please specify)

Question 4

How important is it to you that your funeral and burial plan is carried out? (only one answer)

Very important

Fairly important

Not very important

Not at all important

(Skip to Question 6)

Question 5

Who do you think will arrange your funeral and burial when you die? (select all that apply)

My partner

My child/ren

My parents

Other family members

Friends

I don’t mind who arranges my funeral and burial

Other (please specify)

Question 6

Have you been involved in a funeral and burial dispute?

Yes

No (Skip to question 10)

Question 7

Did you go to court or participate in mediation in an attempt to resolve the dispute?

Yes

No (Skip to question 9)

Question 8

If you would like to share the details of your experience in court or mediation, please briefly describe it here:

Question 9

If you would like to share the details of the funeral and burial dispute you were involved in, please briefly describe it here:

Question 10

At present, a person’s funeral and burial instructions are not legally binding on the person who controls the disposal of a body. A person’s executor or, where a person does not leave a will, their likely administrator (usually their next of kin), may dispose of their body in any manner they wish, subject to limited exceptions.

Which of the following reflects your position? (select all that apply):

I am satisfied with the law as it is

The person who controls the disposal of a body should be required to take into account specific factors (such as the wishes of the deceased and those of the deceased’s family) before making appropriate funeral and burial arrangements

Funeral and burial instructions should be binding on the person with the right to control the disposal of a body, unless there is a compelling reason for that person not to adhere to them (such as the instructions are illegal)

A person should be able to appoint a funeral and burial agent to control the disposal of their body

None of the above

If you have any comments, write them here:

Question 11

How old are you?

18 to 25

26 to 35

36 to 45

45 to 55

55 to 65

65 to 75

76 and over

Question 12

If you are happy for us to contact you in relation to your responses in the survey, please provide your name and contact details:

The Commission knows of one Australian case involving a funeral and burial dispute before 1986: In the Estate of Slattery (1909) 9 SR (NSW) 577.

Appendix E: Alaskan disposition document

Alaska Stat Sec. 13.75.030. Form of disposition document

A disposition document must be in substantially the following form:

Disposition Document

You can select Part 1, Part 2, or both, by completing the part(s) you select, including providing any signatures indicated. Part 3 contains general statements and a place for your signature. You must sign in front of a notary.

Part 1. Appointment Of Agent To Control Disposition Of Remains

If you appoint an agent, you and your agent must complete this part as indicated, and the agent must sign this part.

I,, being of sound mind, wilfully and voluntarily make known my desire that, on my death, the disposition of my remains shall be controlled by(name of agent first named below), and, with respect to that subject only, I appoint that person as my agent. All decisions made by my agent with respect to the disposition of my remains, including cremation, are binding.

Acceptance By Agent Of Appointment

THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS APPOINTMENT, AGREES TO AND ASSUMES THE OBLIGATIONS PROVIDED IN THIS DOCUMENT. AN AGENT MAY SIGN AT ANY TIME, BUT AN AGENT’S AUTHORITY TO ACT IS NOT EFFECTIVE UNTIL THE AGENT SIGNS BELOW TO INDICATE THE ACCEPTANCE OF APPOINTMENT. ANY NUMBER OF AGENTS MAY SIGN, BUT ONLY THE SIGNATURE OF THE AGENT ACTING AT ANY TIME IS REQUIRED.

AGENT:

Name:

Address:

Telephone Number:

Signature Indicating Acceptance of Appointment:

Date of Signature:

SUCCESSORS:

If my agent dies, becomes legally disabled, resigns, or refuses to act, I appoint the following persons (each to act alone and successively, in the order named) to serve as my agent to control the disposition of my remains as authorized by this document:

(1) First Successor

Name:

Address:

Telephone Number:

Signature of First Successor Indicating Acceptance of Appointment:

Date of Signature:

(2) Second Successor

Name:

Address:

Telephone Number:

Signature of Second Successor Indicating Acceptance of Appointment:

Date of Signature:

Part 2. Directions For The Disposition Of My Remains

Stated below are my directions for the disposition of my remains:

If the disposition of my remains is by cremation, then (pick one):

( ) I do not wish to allow any of my survivors the option of canceling my cremation and selecting alternative arrangements, regardless of whether my survivors consider a change to be appropriate.

( ) I wish to allow only the survivors I have designated below to have the option of canceling my cremation and selecting alternative arrangements, if they consider a change to be appropriate:

Part 3. General Provisions And Signature

When Directions Become Effective

The directions, including any appointment of an agent, in this disposition document become effective on my death.

Revocation Of Prior Appointments

I revoke any prior appointment of any person to control the disposition of my remains.